Ä¢¹½ÊÓƵ

Article 12.1

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.8
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)¨C(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.4
  • Article 9.4
    • Showing 1 - 10 of 24
    Ä¢¹½ÊÓƵDT/2024/041, Dhindsa

    The Tribunal noted that Order No. 20 (NBI/2024) in Case No. Ä¢¹½ÊÓƵDT/NBI/2024/008 rejected the Applicant's application for suspension of action under art. 13 of the Ä¢¹½ÊÓƵDT Rules of Procedure. The Applicant maintained that the Tribunal misconstrued his application in Case No. Ä¢¹½ÊÓƵDT/NBI/2024/008 as being filed under art. 13 of the Ä¢¹½ÊÓƵDT Rules of Procedure (governing suspension of action during a management evaluation), rather than art. 14 (governing suspension of action during the proceedings) of those Rules.

    The Tribunal held that to the extent that the Applicant¡¯s intent was to file an application...

    2014-Ä¢¹½ÊÓƵAT-484, Abassa

    Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2013/145. On the issue of whether Ä¢¹½ÊÓƵDT erred in law in not receiving the Appellant¡¯s application for revision of judgment, Ä¢¹½ÊÓƵAT held that it did. Ä¢¹½ÊÓƵAT noted that to import into Article 12(1) of the Ä¢¹½ÊÓƵDT Statute the limitations presently advocated by Ä¢¹½ÊÓƵDT, merely because of the inclusion of the word ¡°executable,¡± would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to Ä¢¹½ÊÓƵDT. With respect to the merits of the application for revision, Ä¢¹½ÊÓƵAT held that...

    2014-Ä¢¹½ÊÓƵAT-474, Al-Mulla

    As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion ¡°for a finding of the Respondent¡¯s dissembling. ¡± With respect to the substance of the appeal, Ä¢¹½ÊÓƵAT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

    2016-Ä¢¹½ÊÓƵAT-651, Choi

    Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case according to Article 18. 1 of the Ä¢¹½ÊÓƵDT RoP. Ä¢¹½ÊÓƵAT noted that the judgment on revision being appealed was issued more than four years ago. Ä¢¹½ÊÓƵAT held that the appeal was not receivable. On the merits, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly dismissed the application for revision since no material elements according to Ä¢¹½ÊÓƵAT RoP could be shown to support the application, such as a new fact which, at the time the judgment was rendered, was unknown to Ä¢¹½ÊÓƵAT and the moving party. Ä¢¹½ÊÓƵAT...

    2018-Ä¢¹½ÊÓƵAT-832, Nikolarakis

    Ä¢¹½ÊÓƵAT considered the appeal while the application for revision before Ä¢¹½ÊÓƵDT was still pending. Ä¢¹½ÊÓƵAT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT to complete its hearing of the application for revision of judgment.

    Ä¢¹½ÊÓƵDT/2009/087, Mezoui

    Article 11.3 of the Ä¢¹½ÊÓƵDT statute provides that in the absence of an appeal, a Ä¢¹½ÊÓƵDT judgment shall be executable following the expiry of the time provided for appeal in the statute of the Appeals Tribunal. Article 12.1 of the Ä¢¹½ÊÓƵDT statute provides, among other things, that a party may apply to the Ä¢¹½ÊÓƵDT for a revision of an executable judgment on the basis of the discovery of a decisive fact. It results from the above-mentioned provisions read together that if a party discovers a decisive fact before the expiry of the time provided for appeal, that party may challenge the judgment rendered by...

    Ä¢¹½ÊÓƵDT/2011/200, Di Giacomo

    The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo Ä¢¹½ÊÓƵDT/2011/168, by which the Ä¢¹½ÊÓƵDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the Ä¢¹½ÊÓƵDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The Ä¢¹½ÊÓƵDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the Ä¢¹½ÊÓƵAT, which was therefore seized of the matter.